MANU/SCOR/12202/2021

IN THE SUPREME COURT OF INDIA

Writ Petitions Civil Nos. 385/2021
Date of Order: 24.03.2021
Appellants: Param Bir Singh
Vs.
Respondent: State of Maharashtra and Ors.
ORDER
We have heard learned senior counsel for the petitioner. We pointed out at the inception
that the concerned person Mr. Anil Deshmukh, Minister concerned has not been
impleaded as a respondent. Learned senior counsel submits that the same appears to be
a mistake and that he is willing to forthwith implead Mr. Anil Deshmukh as respondent
No.4. At his oral request, Mr. Anil Deshmukh is impleaded as respondent No.4 and
National Investigation Agency (NIA) as respondent No.5, as it is stated that the
investigation has been handed over to the NIA by the Central Government. Ordered
accordingly. Amended memo of parties be filed during the course of the day.
On further hearing, we put to learned senior counsel as to why the petition should not
have been preferred under Article 226 of the Constitution of India before the Bombay
High Court as the powers thereunder, if any, are wider. If investigation by an
independent agency is being sought for, that is a relief which can also be granted by the
High Court. There have also been subsequent developments in the matter as has been
noticed in terms of the report of Ms. Rashmi Shukla, Commissioner, State Intelligence
Department. The High Court has the requisite authority to address the same.
We have no doubt that the matter is quite serious and affects the administration at
large. It also appears that a lot of material which has come in public domain is a
consequence of the personas falling out.
Learned senior counsel also seeks to rely upon the judgment in Prakash Singh & Ors. v.
Union of India & Ors.- (2006) 8 SCC 1. In our view, this is only a mantra recited
periodically, wherever the occasion so suits, and there has been no seriousness by all
concerned to ever implement the directions enshrined in the judgment. These
directionswere based on the principle of insulating police machinery from
political/executive interference to make it more efficient and to strengthen the rule of
law. It appears that none want to give up, inter alia, the control of police transfers or
implement measures that would insulate the police machinery from performing its role
without any uncalled for interference.
In view of the aforesaid position, learned senior counsel for the petitioner seeks to
withdraw the writ petition with liberty to approach the High Court. Liberty granted.
Learned senior counsel submits that they will file the petition during the course of the
day and would like the matter to be taken up tomorrow itself. That, in our view, would
be an appropriate prayer made to the High Court and not by a direction from this Court.
Pending applications stand disposed of.

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